Question about state/county parks and airspace control

[merk]

A while back I went into a county park and was going to fly my drone to get some shots just for fun. A park ranger showed up and said drones were completely forbidden from any county parks. Seems like a rather un-thought out response to drones. I can certainly see banning them on certain days when it's busy. But i deliberately went in the middle of the week to try to avoid bothering anyone. And I was the only there that i could see.

Anyhow, my real question is - can any non-federal agency actually prohibit drone flights? I though rules for airspace were under the control of the FAA? I guess they can prohibit me from physically being inside the park while I fly the drone. But legally speaking, can they actually prevent you from flying your drone above the park?

 

[Outta Control]

Each

A while back I went into a county park and was going to fly my drone to get some shots just for fun. A park ranger showed up and said drones were completely forbidden from any county parks. Seems like a rather un-thought out response to drones. I can certainly see banning them on certain days when it's busy. But i deliberately went in the middle of the week to try to avoid bothering anyone. And I was the only there that i could see.

Anyhow, my real question is - can any non-federal agency actually prohibit drone flights? I though rules for airspace were under the control of the FAA? I guess they can prohibit me from physically being inside the park while I fly the drone. But legally speaking, can they actually prevent you from flying your drone above the park?

State and Country/Parish has different rules about drones.

It would be helpful if you let us know what state/county you are at.

 

[PatR]

States, counties, and cities can regulate where you can or can’t take off and land. Flying not so much.

 

[merk]

Each

State and Country/Parish has different rules about drones.

It would be helpful if you let us know what state/county you are at.

I'm not asking about specific county rules - i'm asking if any non-federal govt agency can regulate airspace. I thought only the FAA could, which means the state/county/city couldn't really enforce a rule saying you couldnt fly a drone in a park. The best they could do would be to prevent you from standing in the park while you fly the drone.

 

[merk]

States, counties, and cities can regulate where you can or can’t take off and land. Flying not so much.

thats what i thought.

Seemed really silly to me that they just decided to ban drones in ALL parks. I would have at least designated 2-3 days as drone ok days, since i can understand not wanting to hear a bunch of buzzing drones on the days the parks are busy.

 

[TreeLineView]

The only way we are going to gain any foothold on these type of knee jerk reactions is education and politeness. I took Otta's approach and am providing open education forums at my local public library this fall on Recreational Drone flying and Drones for commercial use. Already got the attention of Local City Counsel. A well informed public will help to make level minded decisions.

 

[AH-1G]

US Drone Laws by State

NOTICE: This database is for information purposes only! It might NOT be up to date or complete. You should seek out a competent attorney licensed in that state. It is not legal advice. I did my best to research the laws. I ran into a problem when creating the database. Many states have...

jrupprechtlaw.com

 

[LUIS MARTINEZ]

Each

State and Country/Parish has different rules about drones.

It would be helpful if you let us know what state/county you are at.

A while back I went into a county park and was going to fly my drone to get some shots just for fun. A park ranger showed up and said drones were completely forbidden from any county parks. Seems like a rather un-thought out response to drones. I can certainly see banning them on certain days when it's busy. But i deliberately went in the middle of the week to try to avoid bothering anyone. And I was the only there that i could see.

Anyhow, my real question is - can any non-federal agency actually prohibit drone flights? I though rules for airspace were under the control of the FAA? I guess they can prohibit me from physically being inside the park while I fly the drone. But legally speaking, can they actually prevent you from flying your drone above the park?

But legally speaking, can they actually prevent you from flying your drone above the park?
The short answer is no. What do the park rules say about drones?

 

[Phaedrus]

I'm not asking about specific county rules - i'm asking if any non-federal govt agency can regulate airspace.

No, only the FAA has authority over airspace and what happens in it.

I thought only the FAA could, which means the state/county/city couldn't really enforce a rule saying you couldnt fly a drone in a park

Standing "in/on" the park, yes they can. Flying in the air over the park? They have no authority once in the air.

The best they could do would be to prevent you from standing in the park while you fly the drone.

See above

 

[merk]

The only way we are going to gain any foothold on these type of knee jerk reactions is education and politeness. I took Otta's approach and am providing open education forums at my local public library this fall on Recreational Drone flying and Drones for commercial use. Already got the attention of Local City Counsel. A well informed public will help to make level minded decisions.

I did send an email to the contact for the county parks - got a sort of non-answer back from them that didn't really offer anything useful.

 

[PatR]

California had a private property/airspace/public land type confrontation a few years ago that demonstrated how it all works.

The property in question was the cattle feed yards near Coalinga, which was, and still is, the subject of animal rights groups focus. The operators were flying from the easement of a state highway which had few rules prohibiting trespass or drone operation. The operators were flying over the cattle yards and filming conditions, which generated a lot of anger from the property owners. The property owners contacted state and local police agencies, who responded in force to terminate flight activities. We can surmise a few “paid for” politicians also got an ear full.

The drone operators were up on their game and had researched property and airspace laws and because of this were successful in showing the numerous law enforcement personnel they were not violating any law, and that in fact the property owners were attempting to abridge the rights of the drone operators by using law enforcement to illegally prevent their free access to navigable airspace.

When all was said and done the operators fulfilled their mission, although law enforcement was present for the duration in case a chargeable offense was committed they could be cited for. A tense situation but one of the better examples of how knowing the law and having the proof of law in hand benefits an operator greatly.

Having a few people on hand to record the ground confrontation for public dissemination was also extremely helpful.

 

[R.Perry]

I'm not asking about specific county rules - i'm asking if any non-federal govt agency can regulate airspace. I thought only the FAA could, which means the state/county/city couldn't really enforce a rule saying you couldnt fly a drone in a park. The best they could do would be to prevent you from standing in the park while you fly the drone.

No states, counties, and cities can't regulate air space. But they can make things very difficult for you.

 

[PatR]

Yep, and it presents us with a question; Do we submit and help cement a totalitarian government or resist in an attempt to preserve Democracy and due process of law?

 

[R.Perry]

I don't resist authority, but I will challenge it if I'm certain I"m right. Many times with local police if you ask them to show you the specific code regarding your operation they are left standing with a dumb look on their face.
I carry a copy of the FAR regs with, that just confuses them more.
However if they push the issue, I don't fly.
Many times a polite but firm approach works wonders.

Some time back one of the new campus cops came up to me, told me to land immediately or I was going to jail. I told him I would land when I was done, then he could take me to jail. Please be aware that interfering with a PIC is a felony.
I told him in the mean time please call your office and they will verify I'm allowed to fly here. He got on his radio, a couple minutes later he drove off. Haven't seen him since.

 

[Outta Control]

But legally speaking, can they actually prevent you from flying your drone above the park?
The short answer is no. What do the park rules say about drones?

Luis. The California State Parks has clear rules and conditions a drone can be operated.

California State Parks

California State Parks, State of California

www.parks.ca.gov

Though I do not want to claim full credit for this but I, in a small part, helped get this accomplished.

 

[LUIS MARTINEZ]

Luis. The California State Parks has clear rules and conditions a drone can be operated.

California State Parks

California State Parks, State of California

www.parks.ca.gov

Though I do not want to claim full credit for this but I, in a small part, helped get this accomplished.

Didn't he say county park?

 

[LUIS MARTINEZ]

Yep, and it presents us with a question; Do we submit and help cement a totalitarian government or resist in an attempt to preserve Democracy and due process of law?

RESIST!!!

 

[Outta Control]

Didn't he say county park?

I believe he did.

 

[PatR]

Many times a polite but firm approach works wonders.

Some time back one of the new campus cops came up to me, told me to land immediately or I was going to jail. I told him I would land when I was done, then he could take me to jail. Please be aware that interfering with a PIC is a felony.
I told him in the mean time please call your office and they will verify I'm allowed to fly here. He got on his radio, a couple minutes later he drove off. Haven't seen him since.

Reminded me of an early morning moment at the Hood River water park about 5 years ago. I was finishing setting up when a grounds keeper drove up an told me it was illegal to fly there. Of course the early time of day assured the park was barren of people so safety was not a factor.

Engaging in polite conversation that suggested I could fly there brought a threat him of calling the local Sheriff to have me removed and arrested if I disobeyed him.

Rather than challenge him with an argument I handed him a copy of the Port Authority’s legal position covering drone operations over and on Port Authority property which had been obtained after meeting with Port Authority management several days earlier. Short version is was perfectly legal to fly there.

However, I did mention that calling the Sheriff to have me removed might well end up costing him his job. He left me alone but did try to bully other operators as time went on. The problem was he did not like drones in general, but lived in a community that was largely supported by the military drone sector.

 

[R.Perry]

Hood River is one of my all time favorite places. Wife and I spent almost a month there doing our photography hobby. Actually Western Oregon is just beautiful.